No Due Diligence May Mean Spill Act Liability, NJ Court Says

Law360, New York (November 1, 2012, 5:02 PM EDT) -- Condemnees who purchased contaminated land in New Jersey before Sept. 14, 1993 — the effective date for key environmental law in the state — and failed to conduct due diligence beforehand may be liable for environmental cleanup costs, a New Jersey appeals court ruled Monday.

Reversing summary judgment against the New Jersey Schools Development Authority, the Appellate Division of New Jersey Superior Court found that, under a 2001 amendment to the New Jersey Spill Compensation and Control Act that spells out an “innocent purchaser” defense for...
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